O.C.G.A.

O.C.G.A. § 16-7-5 (2019)

Home invasion in the first and second degree

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) As used in this Code section, the term ‘‘dwelling’’ shall have the same meaning as provided in Code Section 16-7-1.

(b) A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.

T.16, C.7, A.2, P.1

(c) A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.

(d) A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00. A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.

(e) Adjudication of guilt or imposition of sentence for home invasion in any degree may be probated at the discretion of the judge; provided, however, that such sentence shall not be suspended, deferred, or withheld.

(f ) A sentence imposed under this Code section may be imposed separately from and consecutive to a sentence for any other offense related to the act or acts establishing the offense under this Code section.

History

(Code 1981, § 16-7-5, enacted by Ga. L. 2014, p. 426, § 3/HB 770.)

Annotations

Law reviews. - For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).

ARTICLE 2 CRIMINAL TRESPASS AND DAMAGE TO PROPERTY

Cross references. - Civil action for injury to real estate, T. 51, C. 9.

Law reviews. - For survey article on

criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).

PART 1 GENERAL PROVISIONS RESEARCH REFERENCES ALR. - Occupant’s absence from residential structure as affecting nature of

offense as burglary or breaking and entering, 20 A.L.R.4th 349.

DAMAGE TO & INTRUSION ON PROPERTY

Notes of Decisions

Cited in 20 cases (14 in the last 5 years), 2017–2026 · leading case: Mahone v. The State., 823 S.E.2d 813 (Ga. Ct. App. 2019).

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Mahone v. The State., 823 S.E.2d 813 (Ga. Ct. App. 2019). · cites it 20× “The charging language of the indictment on the home invasion count tracked the language of OCGA § 16-7-5. That statute provides, in relevant part: A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible…”

Overstreet v. State, 864 S.E.2d 14 (Ga. 2021). · cites it 4× “From the evidence presented at trial, the jury was authorized to determine that Overstreet committed the offenses of home invasion (as defined in OCGA § 16-7-5) and armed robbery (as defined in OCGA § 16-8-41 (a)).”

Jordan v. State, 307 Ga. 450 (Ga. 2019). · cites it 2× “See OCGA § 16-7-5 (b) (“A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon .”

Pinkins v. State, 905 S.E.2d 596 (Ga. 2024). · cites it 8× “Compare OCGA § 16-7-5 (b) (requiring that a person “enter[ ]” another’s dwelling house “with intent to commit a forcible felony therein”), with OCGA § 16-5-1 (a) (requiring that the defendant “causes” a death “with malice aforethought”).”

Taylor v. The State., 809 S.E.2d 76 (Ga. Ct. App. 2017). · cites it 2× “7 See OCGA § 16-5-21 (b) (providing that penalty for aggravated assault is one to twenty years imprisonment); OCGA § 16-7-1 (b) (providing that first degree burglary is a felony); OCGA § 16-7-5 (d) (providing for felony punishments for home invasion); OCGA § 16-8-41 (b)…”

Subar v. State, 848 S.E.2d 109 (Ga. 2020). · cites it 4× “See OCGA § 16-7-5 (b).5 But the indictment alleged that Subar “did 4 As this Court has previously explained, “[a] general demurrer challenges the sufficiency of the substance of the indictment.”

Blash v. State, 318 Ga. 325 (Ga. 2024). · cites it 2× “Compare OCGA § 16-7-1 (b) with OCGA § 16-7-5 (d). Therefore, Appellant’s conviction for first degree burglary merged into the conviction for home invasion.”

Darius Rashun Campbell v. State (Ga. Ct. App. 2021). · cites it 8× “After a jury trial, Darius Rashun Campbell was convicted of first-degree home invasion (OCGA § 16-7-5), aggravated assault (OCGA § 16-5-21), and possession of a firearm by a convicted felon (OCGA § 16-11-131).”

Rainey v. State (Ga. 2026). · cites it 8× “See OCGA § 16-7-5(b) (“A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely…”

Wayne Tyler Slaughter v. State (Ga. Ct. App. 2023). · cites it 6× “Contrary to Slaughter’s argument, the language of the home invasion statute (OCGA § 16-7-5) and his indictment do not require proof that the firearm used in the incident was a functioning pistol.”

Deron Devaughn Mahone v. Zachery Stewart (11th Cir. 2022). · cites it 5× “Officer Stewart had “a mistaken understanding of the scope of [the] legal prohibition” of the home invasion statute, O.C.G.A. § 16-7-5, when he applied for Mahone’s arrest warrant.”

Show all 20 citing cases →

— 16-7-5(b) — 5 cases

Rainey v. State (Ga. 2026). “See OCGA § 16-7-5(b) (“A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely…”

Deron Devaughn Mahone v. Zachery Stewart (11th Cir. 2022). “Officer Stewart had “a mistaken understanding of the scope of [the] legal prohibition” of the home invasion statute, O.C.G.A. § 16-7-5, when he applied for Mahone’s arrest warrant.”

Mahone v. Georgia (M.D. Ga. 2020).

Lokari Boyd v. State (Ga. Ct. App. 2026).

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